In This Issue

Your comments needed on the ADA definition of disability by Nov. 23

We urge you to submit comments to the EEOC. Comments on the Equal Employment Opportunity Commission's (EEOC) proposed regulations under the ADA Amendments Act (ADAAA) are due Monday, November 23, 2009. Please submit your views to help ensure the final regulations retain the ADAAA's broad definition of disability.

Suggestions for your comments: Even a brief letter will be helpful to emphasize to the EEOC the importance of the ADAAA to the lives of real people. In particular, DREDF recommends that you focus on two main themes:

• Emphasize Importance of Broad Definition: Tell the EEOC that the ADAAA’s broad definition of disability is important to you. Time-consuming analysis and a restrictive view of what constitutes a disability take the focus away from the question of discrimination. If we are to eliminate discrimination effectively, the definition of disability must not create yet another barrier. Congress has made clear that a broad definition of disability is appropriate—including all of the key aspects of the Amendments listed below. The EEOC regulations must honor this goal.

• Provide Relevant Details about Your Particular Disability Experience: Your comments will inform the EEOC about your personal disability experience in light of the key aspects of the ADAAA listed. Because the Amendments aim for a broad definition of disability, illustrations and examples are very important. The ADA definition of disability does not provide a laundry list of covered impairments. Instead, it offers a method of analysis intended to ensure broad coverage of a wide range of conditions. It is difficult for the EEOC to know about all of the types of disabilities that exist and the ways in which they limit life activities. The EEOC needs to hear about your experiences!

How to Submit Your Comments

• Comments are due by November 23, 2009

• The Docket Number is FR Doc #E9-22840

• Electronically:
  http://www.regulations.gov

• By Mail:
  Stephen Llewellyn, Executive Officer, Executive Secretariat
  Equal Employment Opportunity Commission
  131 M Street, NE, Suite 4NW08R, Room 6NE03F
  Washington, D.C. 20507

• By Fax [not toll free, accepted only if 6 pages or fewer]
  (202) 663-4114 (fax)

• Telephone Number for Questions, or to Confirm Submission
  (202) 663-4070 (voice) or (202) 663-4074 (TTY)

Background: The ADA Amendments Act of 2008 (ADAAA) was signed into law on September 25, 2008, specified to become effective on January 1, 2009. The Amendments focus on the ADA definition of disability. As in the original ADA, the Amendments continue to define disability as a physical or mental impairment that substantially limits one or more major life activities. People with a record or history of disability, and people regarded as having disabilities are also included in the definition. Though the basic definition remains the same, Congress enacted the Amendments to restore a broad definition of disability that the courts had not honored when interpreting the original ADA definition.

Key aspects of the Amendments include:

• Emphasis on the critical question of whether discrimination has occurred — not on the preliminary question of whether there is a disability

• Broad coverage by a definition that does not require extensive analysis

• Broad definition of major life activities:

• Examples are given, but activities not mentioned may also be covered.

• This includes "major bodily functions" — often things that don't involve conscious behavior.

• Assessment of limitation without regard to mitigating measures

• Coverage for conditions that are episodic, or in remission

• Analysis of "substantial limitation" that does not require "significant restriction"

Congress has given the EEOC authority to issue regulations to implement the ADAAA. On September 23, 2009, the EEOC published proposed regulations. Full text is available at http://edocket.access.gpo.gov/2009/E9-22840.htm. The public is invited to comment on these regulations.

DREDF Comments: DREDF believes the proposed EEOC regulations are a strong statement of support for, and generally effective implementation of, the clear congressional mandate to restore a broad definition of disability under the ADA. These regulations will be very important to help ensure full and vigorous implementation and enforcement of federal disability civil rights laws. In addition to commending the EEOC for a strong proposal, DREDF will be submitting comprehensive comments addressing many technical aspects of the proposed regulation. Our complete comments will be available to the public after the November 23, 2009 submission deadline at http://www.dredf.org/programs/public_policy.shtml

© 2009

Resources

US Equal Employment Opportunity Commission (EEOC)

US Department of Justice (DOJ)

DOJ ADA website

DOJ Civil Rights Division

US Department of Labor's Office of Disability Employment Policy

Combined Federal Campaign #11944

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